Lawyers accused ANC of contempt as members fight suspension notice

ANC flag outside Luthuli House on 15 July 2022. Picture: Michel Bega Three ANC members who took the party to court on two occasions, including interdicting the Eastern Cape elective conference in March, are threatened with suspension and possible disciplinary action – a move seen as vindictive. But their lawyers arechallenging the pending suspensionsagainst activists Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa.

The three again recently approached the Eastern Cape High Court in Makhanda seeking to nullify the party’s interim provincial task team (PTT) and to have all its decisions declared invalid. The PTT was initiated by Luthuli House to replace the expired provincial executive committee, but more so to address an internal squabble between provincial chair Oscar Mabuyane and sidelined secretary Lulama Ngcukayitobi. The legal team of the activists said the PTT appointment undermined the court order and is an attack against the judiciary.

They maintained the PTT’s existence undermined their clients’ rights as ANC members in good standing. The lawyers have written to the PTT coordinator, Helen Sauls-August, questioning the suspension notices dated 4 June that she served against Rotya, Mpande and Mzothwa. The lawyers are also demanding that Sauls-August withdraw the notices or face legal action.

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They are facing suspension under the ANC constitution’s Rules 25.56 and 25.57.5, which pertain to the suspension of a party member, office bearer, or public representative and afford the individual a reasonable opportunity to respond prior to the suspension. “Our instructions are to demand you retract such threats/letters of intention to suspend against our clients within four days from the date of receipt hereof, failing which we shall institute proceedings against you without further notice,” the letter said. The lawyers reminded Sauls-August that there are pending proceedings against the ANC and its officials for violating the constitutions of the country and the party, as contained in the interdict. These actions have also led to the institution of contempt of court proceedings against the ANC and its officials in the face of the existing court order.

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